minkoak

Hello Everybody,
I am a british citizen married to an American. We lived in the US for a couple of years but came back to Europe in 2001.
We now have 2 children and are seriously thinking about moving back to America. However, my first PR application was refused - no explanation, but we think it is because it was my mother-in-law was sponsoring me - due to my husband not having enough tax details -he had been living in Europe for a few years prior to us going.
This is the only reason we can think of anyway. And to have contested would have just cost us too much money at that time in our lives.

Is the fact that my husband hasn't been paying taxes in America for 7 years going to stand in the way of us applying for residency for myself and our children? And the fact that I have been refused a green card before..?

It is all so complicated!!

Thank you for any thoughts and/or advice on this matter.

minka

Folinskyinla

Hi:

You are told WHY your application was refused. On an immigrant visa it is in writing. It may somewhat cryptic -- but you are informed of the ground -- so you need to give us information.

Assuming your husband was working, his US tax returns will show why he was not paying any taxes. What do his tax returns say?

Ozzidoc

He has been filing his US tax returns though, right???

minkoak

oh goodness I will have to dig it out. It just gives a series of numbers preceded by a letter.......at the time we just accepted it because we were wanting to go back and live in France anyway. I will try and find it. Sorry for not being more organised.

Ray

If its 212(a)(10)(A) have you noticed any other wives in the kitchen

minkoak

aha! so that is who she is...........

minkoak

Can't find the tax returns. Will have to wait for him to get back from work this evening.
but I was refused (and re-reading this for the first time in 7 years it makes sense now) because as an applicant claiming immediate relative status under section 201(b) I was not eligible for the benefits of Section 245 of the Act, unless I was a beneficiary of a valid unexpired visa petition.

I claimed Medicare (Medicaid) when I suffered a miscarriage. Which everyone I talked to said I was perfectly entitled to - and I talked to a lot of people!!

oh dear. It doesn't look good, does it..???

HunterGreen

In my very much layperson's eyes at first glance it appears to me that you were refused because you didn't file the correct paperwork (or the correct paperwork too soon).

You filed for adjustment of status while already in the US that first time, from what it looks like.

I'd say hold off a while from freaking out yet, until certain people come back to this thread. Really.

Ozzidoc

Are not the children already US citizens?

Tracym

Do you know if it was Medicare or Medicaid? They are two entirely different things. One is means-tested (Medicaid) and the other is not.

But that sounds unlikely to me as the reason to be denied.

How did you enter the US before? On what visa? You said you lived there for several years - were you in a legal status for that time?

I'm sure some folks on here can help, but some more info will be needed (espec. the code Mr. F mentioned)

HunterGreen

That depends on if her husband is their father and if he is, whether he meets the criteria to pass his citizenship on to them. You never know around here.

I didn't go into that yet on purpose (which is not to say nobody else can, LOL). I don't want to unintentionally give false hope.

Ozzidoc

Yes. I understand that

minkoak

Hi All,

Thanks to everyone who has replied to this thread. I guess I just came on and blabbed my story without giving it much thought or detail........
My husband IS the father of both my kids, but one was born in UK and the other here in France - we have yet to apply for citizenship for either of them.
Up until very recently we were pretty adamant that we didn't want to move back to the states - but life in rural France, as lovely and idyllic as it is, is proving to be just that little bit too rural.........if you catch my drift...

When I lived in America before, I had an Employment Authorization card, Driving License, and of course, my social security number. I am sorry, but I forget all the titles etc - and we don't appear to have kept all of the paperwork. I entered on a tourist visa, and then my 'husband' and I were married. Not to get a visa at all - but because we were young and in love and it seemed like a good idea at the time! This was in 1999.
We then started the whole procedure for permanent residency and as far as we were aware - it was all going smoothly and the right documents were presented at the right time etc etc. And then we got that letter saying I had been denied.........and left. Actually, I think we had already left - and then got the letter forwarded to us........

I am thinking that the most sensible thing to do would be to apply for US passports for both the kids and then go from there. Even if we don't go - at least then they both have the option in the future.

This is very long.

Elvira

After you applied for AOS, were you ever called for interview and/or fingerprinting?

Did you have any other communication with the INS after sending in your AOS application (other than receiving the EAD?)

LAL

Woah this one's got my head mashed just from reading it!!!!